Karnataka High Court
Smt Sushmitha vs Sri Ramprasad on 26 November, 2020
Author: S.G.Pandit
Bench: S.G.Pandit
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF NOVEMBER 2020
BEFORE
THE HON'BLE MR.JUSTICE S.G.PANDIT
C.R.P. NO.438 OF 2019 (SC)
BETWEEN:
SMT. SUSHMITHA
D/O SRI.A.N.SUBBARAJU AND
W/O MR. NEELESH
AGED ABOUT 41 YEARS
R/AT NO.T-301, PENTHOUSE
3RD FLOOR, SAMTHRUPTHI
MUNICIPAL NO. 20/7-6
LAVELLE ROAD, RICHMOND TOWN
BENGALURU - 560 001. ... PETITIONER
(BY SRI. K.K.VASANTH, ADVOCATE)
AND:
1. SRI. RAMPRASAD
S/O LATE. A.C. PRAKASH REDDY
AGED ABOUT 39 YEARS
R/AT FLAT NO. CPH-2
MANTRI SAROVAR APARTMENT
HSR LAYOUT
BENGALURU - 560 102.
2. SRI. A.N. RAMESH
S/O A.S.NAGARAJA GUPTA
AGED ABOUT 60 YEARS
R/AT NO. T-301, PENTHOUSE
3RD FLOOR, SAMTHRUPTHI
MUNICIPAL NO. 20/7-6
2
LAVELLE ROAD, RICHMOND TOWN
BENGALURU - 560 001
3.MR. NEELSH
AGED ABOUT 43 YEARS
R/AT NO. T-301, PENTHOUSE
3RD FLOOR, SAMTHRUPTHI
MUNICIPAL NO. 20/7-6
LAVELLE ROAD, RICHMOND TOWN
BENGALURU - 560 0001 ... RESPONDENTS
(BY SRI. A MADHUSUDHAHA RAO, ADVOCATE FOR R1
R2 & R-3 NOTICE DISPENSED WITH)
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THIS CIVIL REVISION PETITION IS FILED UNDER SECTION
18 OF THE KARNATAKA SMALL CAUSES ACT 1964 AGAINST THE
JUDGEMENT AND DECREE DATED 03.08.2019 PASSED IN S.C
NO.1683/2016 ON THE FILE OF THE XVIII ADDITIONAL JUDGE,
COURT OF SMALL CAUSES, BENGALURU DECREEING THE SUIT
FOR EVICTION AND ETC.
THIS CIVIL REVISION PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this Court under Section 18 of the Small Causes Courts Act, 1964 assailing the correctness of the judgment dated 03.08.2019 in S.C.No.1683/2016 on the file of the Small Cause Court at Bengaluru. 3
2. The petitioner was defendant No.2 and respondent No.1 herein was the plaintiff before the trial Court.
3. The trial Court, under the impugned judgment directed defendants No.1 to 3 to hand over the vacant possession of the suit schedule premises to the plaintiff, within two months from the date of the order and further directed to pay mesne profits of Rs.7,500/- p.m., from 01.11.2016 till handing over the vacant possession of the schedule premises. The petitioner had raised various grounds.
4. The petitioner and respondent No.1 are present before the Court and they are identified by their respective counsel.
5. Learned counsel for the petitioner Sri.K.K.Vasanth and Sri.A.Madhusudana Rao, learned counsel for the respondent No.1 argued the matter at length. During the course of hearing the matter, the petitioner and respondent No.1 have arrived at a settlement. The petitioner/defendant No.2 before the trial Court requested for time up to 31.12.2021 to vacate 4 and handover vacant possession of the suit schedule premises which was accepted by respondent No.1/plaintiff. In the light of the above settlement, the petitioner/defendant No.2 has filed an affidavit undertaking dated 26.11.2020. The affidavit undertaking reads as follows:
1. I submit that, I am the petitioner in this case and I am fully conversant with the facts of this case.
2. The respondent No.1 herein had filed suit in SC No. 1683/2016 against me and respondent Nos. 2 and 3 herein for ejectment and mesne profit at Rs.7,500/- per month from 01.11.2016 till handover the vacant possession of the schedule property being residential premises No.T-301, Pent House, 3rd Floor, Santrupthi, Municipal No. 20/7-6, Lavelle Road, Richmond Town, Bengaluru - 560 001 measuring 1400 sq.ft, also with covered car parking bounded on the East by: property No.20/8, West by: property No.20/6, North by: property of St. Joseph college and South by: private road before the XVIII Additional Judge, Court of Small Causes, Bengaluru, SCCH-4, and the said suit came to be decreed by judgment and decree dated 03.08.2019 5 directing all the defendants therein to vacate and handover vacant possession of the schedule premises to the plaintiff within 2 months and the defendants 2 & 3 therein to pay mesne profit of Rs.7,500/- per month from 01.11.2016 till handover vacant possession of the schedule premises to the plaintiff.
3. I submit that, the respondent No.3 herein is my husband and respondent No.2 herein is my uncle and both of them having suffered decree, have not joined hands with me to file the present Civil Revision Petition. Moreover, the respondent No.2 herein is not in possession of the schedule premises and me and respondent No.3 are in possession of the same.
4. I submit that, as per the order passed by this Hon'ble Court, I have deposited a sum of Rs.3,60,000/- being the rent at Rs.7,500/- from 01.11.2016 till the end of October 2020 before this Hon'ble Court and I have no objection for the respondent No.1 to withdraw the same.6 5. I submit that, as the respondent Nos. 2 & 3
herein being not interested, the notice to them has been dispensed with.
6. I submit that, due to intervention of well wishers and common friends I have agreed to vacate the schedule premises and handover vacant possession to the respondent No.1 herein on or before 31.12.2021 and the respondent No.1 has also agreed to grant time to vacate and handover vacant possession on or before 31.12.2021.
7. I submit that, I have undertaken to pay the mesne profit at the rate of Rs15,000/- per month from November 2020 to the respondent No.1 herein and pay the monthly mesne profit on or before 5th of every subsequent month that is commencing from 05.12.2020 and subsequently as and when accrued due.
8. I submit that, if I commit default of payment of monthly mesne profit for two consecutive months, the respondent No.1 herein shall be at liberty to execute the decree and take possession of the schedule premises from me and my husband. 7
9. I submit that, I hereby undertake not to induct any person, sub-let or inter-let the schedule premises during my occupation till 31.12.2021 and I undertake to handover the vacant possession to the respondent No.1 herein on or before 31.12.2021, without driving the respondent No.1 to initiate execution proceedings to take possession of the schedule premises and I hereby undertake not to seek for extension of time to vacate the schedule premises.
10. I submit, that I undertake to maintain the schedule premises in good and tenantable condition during my occupation."
6. In the light of the above, the petitioner/defendant No.2 is directed to vacate and hand over the vacant possession of the suit schedule premises to respondent No.1 on or before 31.12.2021. During the period of occupation, the petitioner shall pay Rs.15,000/- as damages from November 2020 till 31st December 2021.
8
If the petitioner fails to pay damages continuously for a period of two months, respondent No.1/plaintiff would be at liberty to execute the judgment and decree.
The affidavit under taking is placed on record. The revision petition is disposed of, in the above terms.
Sd/-
JUDGE mpk/-* CT: rs